BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

and labour. For example, let us mention the CETA Chapter 23. In addition to the right to regulate and to provide for and encourage high levels of labour protection (recognized in Article 23.2), the Parties affirm, in Article 23.3, 8 their commitment to respect, promote, and realize the fundamental principles and rights at work in accordance with the obligations of the members of the ILO and the commitments under the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up of 1998. 9 Furthermore, each Party shall ensure that its labour law and practices promote the objectives included in the ILO Decent Work Agenda, and in accordance with the ILO Declaration on Social Justice for a Fair Globalization of 2008 adopted by the International Labour Conference at its 97th Session. 10 Fourth and more specifically related to the obligations of non-state actors to respect human rights, a few IIAs also introduce the concept of Social Corporate Responsibility. As it is well known, traditional BITs include only rights of investors and obligations of host States. Such agreements have been criticized and rightly so. 11 The first new proposals and model agreements on investment and sustainable development have been advanced by certain NGOs, such as the International Institute for Sustainable Development (IISD). 12 Later, such initiatives were taken over by international governmental organizations, such as the UN Conference on Trade and Development (UNCTAD). The UNCTAD Investment Policy Framework for Sustainable Development is a document dealing with model provisions for future IIAs. 13 The Section 7 of the UNCTAD Framework also includes a clause on duties of an investor. It may contain an obligation to respect the laws of the host State and a clause on the denial of rights under the given treaty if the investment is in conflict with the law of the host State. From the perspective of human 8 EU-Canada Comprehensive Economic and Trade Agreement (CETA), op. cit., pp. 184-185. 9 ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up of 1998 adopted by the International Labour Conference at its 86th Session. Those rights include: (a) freedom of association and the effective recognition of the right to collective bargaining; (b) the elimination of all forms of forced or compulsory labour; (c) the effective abolition of child labour; and (d) the elimination of discrimination in respect of employment and occupation. 10 Art. 23.3, para. 2, EU-Canada Comprehensive Economic and Trade Agreement (CETA), op. cit., p. 185. Those rights include: (a) health and safety at work, including the prevention of occupational injury or illness and compensation in cases of such injury or illness; (b) establishment of acceptable minimum employment standards for wage earners, including those not covered by a collective agreement; and (c) non-discrimination in respect of working conditions, including those for migrant workers. 11 Cf. MUCHLINSKI, P., Negotiating New Generation International Investment Agreements. New Sustainable Development Oriented Initiatives. In: HINDELANG, S., KRAJEWSKI, M. (eds.), Shifting Paradigms in International Investment Law , More Balanced, Less Isolated, Increasingly Diversified (Oxford: OUP, 2016), p. 41 ff. 12 International Institute for Sustainable Development, Model International Agreement on Investment for Sustainable Development. Negotiators Handbook , 2 nd ed., IISD 2005 (revised 2006), see at : www.iisd.org/ pdf/2005/investment_model_int_agreement.pdf 13 UNCTAD Investment Policy Framework for Sustainable Development (2012), UN Pub. UNCTAD/ DIAE/ PCB/2012/5 (http://unctad.org/en/PublicationsLibrary/diaepcb2012d5_en.pdf ); and its new version, UN Pub. UNCTAD/WEB/DIAE/PCB/2015/3.

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